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Panchayat Polls 2013
Panchayat Polls: 90 writ petitions on reservation, rotation of seat by Sarpanches dismissed by HC
HC dismisses 90 writ petitions
Bench gave liberty to petitioners to avail remedy after elections are over
By :
Baljit Balli
First Published :
Monday, Jun 24, 2013 12:00 AM
Updated :
Monday, Jun 24, 2013 12:00 AM
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Muhar Jamsher
Chandigarh, June 24: HC dismisses around 90 civil writ petitions challenging reservation and rotation of seats for Sarpanches for on-going election process of general elections of Gram Panchayats, “while giving liberty to all the petitioners to avail remedy available to them in law, after the elections are over.†A division bench of the HC comprising Justice SK Mittal and Justice Rekha Mittal today, by passing identical orders in around 90 civil writ petitions, challenging reservation and rotation of seats of Sarpanches for the ongoing general elections to Gram Panchayats. These terse orders came from the Bench after hearing for about one hour, as soon as the Bench came to know that the election to the post of Sarpanch was direct one, and Sarpanches have also to be elected simultaneously by the voters by casting a separate vote for the election of Sarpanch of the respective village. The Bench orally made it amply clear that it will not stall the election process once it has begun. The Bench also did not agree to adjourn these writ petitions to some date after July 3rd, when the process of elections would be over. The Counsels tried to convince the Bench that the civil writ petitions are maintainable in all those cases, where the grounds raised cannot form basis of election petitions, and therefore, the writ remedy available to such petitioners may not be closed. The Bench made it clear that it was not closing the writ remedy; and that is why it is giving liberty to all the petitioners to resort to the remedy available to them as per law.
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